Wisconsin Order Appointing Guardian ad Item or Attorney (Ch. 48 and 938) is a court order that appoints a legal representative to represent a minor or legally incapacitated person in a legal proceeding. This order is issued by a Wisconsin court, typically in cases involving family law, probate, and juvenile matters. The representative appointed by the court is known as a Guardian ad Item (GAL) or Attorney (Ch. 48 and 938). The GAL or Attorney is responsible for representing the interests of the minor or legally incapacitated person in court proceedings and advocating for them. The GAL or Attorney is also responsible for investigating the facts of the case, preparing legal documents, and providing legal advice to the minor or legally incapacitated person. The different types of Wisconsin Order Appointing Guardian ad Item or Attorney (Ch. 48 and 938) include: • Guardiaattemptem Order (Ch. 48) • Attorney Appointment Order (Ch. 938) • Custody and Placement Order (Ch. 48) • Child Support Order (Ch. 48) • Guardianship Order (Ch. 48) • Guardianship and Conservatorship Order (Ch. 48) • Guardianship of Minors Order (Ch. 48) • Guardianship of Incapacitated Persons Order (Ch. 48) • Guardianship of Minors with a Disability Order (Ch. 48)
Wisconsin Order Appointing Guardian ad Litem or Attorney (Ch. 48 and 938)
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FAQ
In Wisconsin, the court appoints a guardian ad litem (GAL) when parents can't agree on custody and placement. The GAL represents the child by investigating their best interest and giving the court recommendations on how to divide the child's custody and placement.
Ad litem. adj. legal Latin meaning "for the purposes of the legal action only." Most often the term applies to a parent who files a lawsuit for his or her minor child as "guardian at litem" (guardian just for the purposes of the lawsuit) or for a person who is incompetent.
In Wisconsin, a guardian ad litem is a regular part of the custody and placement process when parties cannot agree. The court will appoint one if they have specific concerns for the well-being of the child. A GAL can also be appointed if one party files the necessary paperwork and the court approves it.
Wisconsin Statutes section 757.48(1) requires the GAL to have completed three hours of approved CLE that relates to the functions and duties of a GAL under Wis. Stat. chapter 767 and that includes training on the dynamics of domestic violence and the effects of domestic violence on victims and children.
The guardian ad litem shall be compensated at a rate that the court determines is reasonable. The court shall order either or both parties to pay all or any part of the compensation of the guardian ad litem.
In Wisconsin, the judge decides who pays for the 'guardian ad litem'. Total costs for the GAL's services can range from $1,000 to $3,000 and can include the cost of any experts hired, tests ordered and legal fees for the GAL's time.
A GAL is an attorney, licensed to practice law in Wisconsin. The GAL's role is to represent the best interests of the children as determined by the GAL through an investigation. The GAL will investigate the facts, participate in negotiations, and take a position in court on legal custody and placement.